The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's upper back disability is aggravated by his service-connected lumbosacral strain and/or right elbow arthritis.
The deciding factor: The VA examiner did not address whether the upper back disability is aggravated by the service-connected lumbosacral strain and/or right elbow arthritis in the initial opinion, which was required by prior remand instructions.
- Claimed conditions
- upper back disability, cervical strain, degenerative disc disease of the cervical spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2019
- Citation
- 19104612
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Denied
The Board denied the veteran's claims for an earlier effective date for service connection for cervical strain, left upper extremity radiculopathy, and right upper extremity radiculopathy. The claim for an earlier effective date for a left shoulder disability was dismissed.
- Remanded (sent back)
The Board remands the claims for service connection for a left hip condition, right hip condition, cervical strain, and back condition due to an incomplete duty to assist error in failing to afford the Veteran VA examinations.
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